The opinion
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New York, NY 10022-6069
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RSchwed@shearman.com September 12, 2022
212.848.5445
VIA ECF
The Honorable Katherine Polk Failla
Thurgood Marshall United States Courthouse
40 Foley Square
New York, NY 10007
Re: Iowa Pub. Emps.’ Ret. Sys. et al. v. Bank of Am. Corp. et al.,
No. 17-cv-6221 (KPF)
Dear Judge Failla:
Section 9 of the Protective Order (Dkt. No. 150), as amended by the Supplemental
Stipulated Protective Order (Dkt. No. 228), provides that for any filing that quotes or refers to
discovery material that has been designated Confidential, Highly Confidential, or Highly
Confidential Data, the party “shall request to file such documents or portions thereof containing
or making reference to such material or information in redacted form or under seal.” Consistent
with the process this Court approved for such requests (Dkt. No. 408), the Parties now move for
sealing or redaction of Defendants’ Objections to Magistrate Judge Cave’s Report and
Recommendation Regarding Class Certification (“Defendants’ Objections”) and the Declaration
of Michael A. Paskin in support of Defendants’ Objections (“the Declaration”). The Parties’
justifications for sealing or redacting those materials under Lugosch v. Pyramid Co. of Onondaga,
435 F.3d 110, 119-20 (2d Cir. 2006), and its progeny are as follows.
Defendants’ Justifications and Designations
Defendants’ Objections (Dkt. No. 576) and the Declaration (Dkt. No. 577) quote from,
discuss, and make reference to the substance of documents and data designated “Confidential” and
“Highly Confidential” under the Parties’ January 2, 2019 Protective Order (Dkt. No. 150), and
“Highly Confidential Data” under the Parties’ October 30, 2019 Supplemental Protective Order
(Dkt. No. 228). Such materials include trade secrets, other confidential research, development, or
commercial information, and other private or competitively sensitive information, including
SHEARMAN.COM
personal data. Accordingly, Defendants request that the marked portions of Defendants’
Objections and the Declaration dated August 15, 2022 be filed in redacted form. This is in
accordance with Section 9 of the Protective Order, which provides that for “papers containing or
making reference to the substance of [“Confidential”, “Highly Confidential”, or “Highly
Confidential Data”] material or information, [a Party] shall request to file such documents or
portions thereof containing or making reference to such material or information in redacted form
or under seal.”
Defendants’ Objections also quote from, discuss, and refer to the substance of discovery
material produced by Third-Parties subject to confidentiality designations, which likewise include
trade secrets, other confidential research, development, or commercial information, or other
private or competitively sensitive information, including personal data. Defendants have
proposed, and Plaintiffs have had the opportunity to review, filing such materials under seal or
with redactions consistent with the designations made by Third-Parties and Lugosch. Accordingly,
Defendants request on their behalf that marked portions of Defendants’ Objections be filed in
redacted form.
Plaintiffs’ Justifications and Designations
Defendants’ Objections (Dkt. No. 576) and the Declaration (Dkt. No. 577) quote from,
discuss, and refer to discovery material produced by Plaintiffs subject to confidentiality
designations, which include trade secrets, other confidential research, development, or commercial
information, or other private or competitively sensitive information, including personal data.
Defendants’ Objections and the Declaration likewise reference materials previously sealed by this
Court. See e.g., Dkt. No. 391. Accordingly, Plaintiffs request that the marked portions of
Defendants’ Objections and the Declaration be filed in redacted form, pursuant Lugosch v.
Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) and its progeny.
Respectfully submitted,
/s/ Richard F. Schwed
Richard F. Schwed
Counsel for the Bank of America Defendants
Application GRANTED. The Clerk of Court is directed to maintain
docket entries 576 and 577 under seal, viewable only to the
parties and Court.
The Clerk of Court is directed to terminate the motion at docket
entry 584.
SO ORDERED.
Dated: September 13, 2022 Katte: fal fil
New York, New York